Injustice Experienced By Derek Isom In Rhode Island

Assertions Like This Are Made My Many Who Enter Our Criminal Justice System

Complaint One

Following is a complaint a copy of which was reportedly sent to The Supreme Court Disciplinary Board Of Rhode Island. April 22, 1999 Derek Isom writes:
Attorney Paul Borges came to the ACI to see me. I explained to him I was picked up on a warrant and interrogated on charges of unlawful delivery to an undercover police officer. Other than a brief description given by someone at the ACI, none of the information regarding this unlawful delivery pointed to me.

I explained to Attorney Paul Borges that during the police interrogation it became clear if I didn't "give the police someone, anyone", they were going to charge me with this offense. I refused and was charged and arraigned for unlawful delivery.

Attorney Paul Borges took my information and told me he would return with an answer on whether he would represent me and what the price would be. He returned two days later saying he had talked to the prosecutor and the Cranston Police Department and they agreed that my probation wouldn't be violated and I would be set free on bail.

I made clear to Attorney Paul Borges that on the basis he was able to make good on the promise that I would be set free on bail without any probation violation I would retain him. Attorney Paul Borges agreed. I paid Attorney Paul Borges in advance $2,500 [two thousand five hundred] for his fee and $2,500 [two thousand five hundred] for bail.

Weeks passed and all I could get was excuses from Attorney Paul Borges. Finally, I was brought into court and discovered I was going to my probation violation hearing which, according to Attorney Paul Borges' promise, wasn't supposed to happen. Attorney Paul Borges continued to make excuses and apologized.

I began to question Attorney Paul Borges on his expertise in criminal matters and discovered his area of expertise was in Real Estate matters. I discovered I was one of Attorney Paul Borges's first criminal cases.

Attorney Paul Borges handling of my case was unethical and a far cry from aggressively pursuing my defense. Attorney Paul Borges never properly investigated my case. At my probation violation hearing I, not Attorney Paul Borges, was the one who demanded to confront the informer in the case. Only then did Attorney Paul Borges relay this to Judge Pheiffer. The Judge agreed and set bail. It was my research and knowledge that accomplished this, not the expertise of Attorney Paul Borges.

I tried to retrieve my expenses for this violation hearing from Attorney Paul Borges but he refused to cooperate saying he did his job. He also said if the informer came forward, that would be our only problem.

Attorney Paul Borges never found out the name of the informant. I had to research and discover information about the informer via an address given in my information package. Attorney Paul Borges made no effort to contact, summons or get an affidavit from the informant.

I had to contact the informer myself and I discovered the events of the night in question. The informer agreed to testify on my behalf that the police had the wrong person. Attorney Paul Borges insisted the court would still find me in violation of my probation on the police officer's testimony.

Being unable to get any effective defense from Attorney Paul Borges, I was forced into taking a plea bargain and am serving nine months due to Attorney Paul Borges's unethical conduct and ineffective assistance of counsel. I, Derek Isom, do swear every word in this document is truthful, honest and fully integrated with all the facts of my case.

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